Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 13 tells a party which claims against an opposing party must be raised as a counterclaim in the same lawsuit, which may be raised at the pleader’s option, how cross-claims against co-parties work, and how the rule treats late, omitted, or otherwise time-barred claims.
(A)Compulsory counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject-matter of the opposing party’s claim and does not require for its adju- dication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if:
(1)at the time the action was commenced the claim was the subject of another pending action; or
(2)the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this rule.
(B)Permissive counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject-matter of the opposing party’s claim.
(C)Counterclaim exceeding opposing claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
(D)Counterclaim against state. This rule shall not be construed to enlarge any right to assert a claim against the state.
(E)Counterclaim maturing or acquired after pleading. A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. A counterclaim or cross-claim which is not due may be asserted against a party who is insolv- ent or the representative of a party who has been subjected to insolvency proceedings, if recovery thereon will be impaired because of such party’s insolvency.
(F)Omitted counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amend- ment.
(G)Cross-claim against co-party. A pleading may state as a cross-claim any claim by one party against a co-party.
(H)Joinder of additional parties. Persons other than those made parties to the original action may be made parties to a coun- terclaim or cross-claim in accordance with the provisions of Rules 14, 19 and 20.
(I)Separate trials--Separate judgments. If the court orders separate trials as provided in Rule 42(B), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(B) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or oth- erwise disposed of. In determining whether or not separate trial of a cross-claim shall be ordered, the court shall consider whether the cross-claim:
(1)arises out of the transaction or occurrence or series of transactions or occurrences that is the subject-matter either of the original action or of a counterclaim therein;
(2)relates to any property or contract that is the subject-matter of the original action; or
(3)claims that the person against whom it is asserted is liable to the cross-claimant for all or part of plaintiff’s claim against him. In addition, the court may consider any other relevant factors.
(J)Effect of statute of limitations and other discharges at law. The statute of limitations, a nonclaim statute or other discharge at law shall not bar a claim asserted as a counterclaim to the extent that:
(1)it diminishes or defeats the opposing party’s claim if it arises out of the transaction or occurrence that is the subject-matter of the opposing party’s claim, or if it could have been asserted as a counterclaim to the opposing party’s claim before it (the counterclaim) was barred; or
(2)it or the opposing party’s claim relates to payment of or security for the other.
(K)Counterclaim by and against transferees and successors. A counterclaim may be asserted by or against the transferee or successor of a claim subject to the following provisions:
(1)A successor who is a guardian, representative of a decedent’s estate, receiver or assignee for the benefit of creditors, trustee or the like may interpose a claim to which he succeeds against claims or proceedings brought in or outside the court of administration. A claim owing by his predecessor may be interposed against any claim brought by such successor in or outside the court of administration without the necessity of filing such claim or cause of action in the administration proceedings.
(2)A transferee or successor of a claim takes it subject to any defense or counterclaim that is the subject-matter of the opposing party’s claim; or that is available to the obligor at the time of the assignment or before the obligor received notice of the assignment.
(3)A surety or party with total or partial recourse upon a claim upon which he is being sued may interpose as a counterclaim:
(a)any claim of his own; and
(b)any claim owned by the person against whom he has recourse who either has notice of the suit, is a party to the suit, is insolvent, has assigned his claim to the surety or party asserting it, or cannot be found. A counterclaim under subdivision (b) must tend to diminish or defeat the opposing party’s claim, or it or the opposing claim must relate to payment of or security for the other, unless the person against whom recourse may be had is a party to the suit or the coun- terclaim has been assigned to the party asserting it; and if recovery on the counterclaim exceeds the opposing party’s claim, any excess recovered shall be held in trust for such person against whom there is a right of recourse.
(4)Subsections (1), (2), and (3), above, are subject to subdivision (L) of this rule.
(L)Counterclaim and cross-claim subject to substantive law principles. Counterclaim and cross-claims are subject to restrictions imposed by other statutes and prin- ciples of substantive common law and equity, including rules of commercial law, agency, estoppel, contract and the like. In appropriate cases the court may impose terms or con- ditions upon its judgment or decree and may enter conditional or noncanceling cross judg- ments to satisfy such restrictions. This provision is intended to deny or limit counterclaims or cross-claims:
(1)where a creditor will receive an unfair priority because a claim is assigned after insolv- ency proceedings, or assigned before such proceedings if it results in an unlawful pref- erence;
(2)where an unfair priority will be allowed if a surety interposing a claim owned in his own right against the creditor suing on the principal’s obligation when the principal is solvent and the creditor is not;
(3)where a claim by or against a representative, such as a guardian, receiver, rep- resentative of a decedent’s estate, assignee for the benefit of creditors, trustee or the like in his individual capacity is asserted against a claim owing or owed by the estate he rep- resents;
(4)where a claim by or against a partnership or two [2] or more obligors is opposed against or by a claim of an individual to the extent that the individual will be allowed unfairly to profit or if it will adversely affect the rights of creditors; or
(5)where a claim is cut off by a holder in due course or a transferee who is protected under principles of commercial law, estoppel, or contract.
(M)Satisfaction of judgment. Satisfaction of a judgment or credits thereon may be ordered, for sufficient cause, upon notice and motion. “Credits” include any counterclaim which tends to diminish or defeat the judgment, or any counterclaim where it or the opposing claim relates to payment of or secur- ity for the other.
Amendment History
This rule’s current text took effect January 1, 1971. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 13 sorts claims a defending party might have against the other side into two categories. A compulsory counterclaim, under section (A), is one that arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining someone the court cannot reach — a claim like that generally has to be raised in this lawsuit or it is lost as a basis for a later, separate suit. The rule carves out two exceptions: a claim already the subject of another pending action, and a claim the pleader is not required to raise because the opposing party sued using a process, such as attachment, that never gave the court authority to enter a personal judgment on that claim. A permissive counterclaim, under section (B), is any other claim against the opposing party, unrelated to the transaction or occurrence at issue, and a party can choose whether to raise it now or save it for later.
Several sections round out how counterclaims work in practice. A counterclaim does not have to offset or defeat the opposing claim — it can seek more money or a different kind of relief entirely. The rule does not expand any existing right to sue the state. A claim that matures or is acquired after the pleading was served can be added later, with the court’s permission, and a not-yet-due claim can be asserted against an insolvent opposing party or that party’s representative if the insolvency would otherwise impair recovery. If a counterclaim is left out of the pleading through oversight, inadvertence, excusable neglect, or because justice requires it, the court may allow it to be added by amendment. A cross-claim, under section (G), works differently — it is a claim by one party against a co-party, such as one codefendant against another, rather than against the opposing side, and other parties can be joined into a counterclaim or cross-claim under Indiana’s joinder rules.
The remaining sections handle specialized situations. Section (I) lets a court order a separate trial of a counterclaim or cross-claim and enter judgment on it even if the other claims in the case have been resolved, weighing factors like whether the cross-claim shares a transaction, property, or contract with the original action. Section (J) preserves certain counterclaims that would otherwise be barred by the statute of limitations or another discharge, to the extent they would offset the opposing claim or relate to payment or security for it. Sections (K) and (L) address counterclaims involving transferees, successors such as guardians or estate representatives, and sureties, and make clear that counterclaims and cross-claims remain subject to substantive law limits — for example, rules against a creditor gaining an unfair priority through a claim assigned around an insolvency proceeding. Section (M) allows a court to order satisfaction of a judgment, or credits against it, based on a qualifying counterclaim.
Frequently Asked Questions
What is the difference between a compulsory and a permissive counterclaim?
A compulsory counterclaim arises out of the same transaction or occurrence as the opposing party’s claim and does not require joining someone the court cannot reach — it generally must be raised in this lawsuit or it is lost. A permissive counterclaim is any other claim against the opposing party, and a party may choose to raise it now or in a separate suit.
What happens if I forget to raise a counterclaim I should have brought?
If it was left out through oversight, inadvertence, excusable neglect, or when justice requires it, Rule 13(F) allows the court to permit it to be added later by amendment. Raising a compulsory counterclaim for the first time in a later, separate lawsuit risks having it barred.
Can my counterclaim ask for more, or something different, than what the plaintiff is seeking?
Yes. Rule 13(C) allows a counterclaim to exceed the opposing party’s claim in amount, or to seek an entirely different kind of relief.
What is a cross-claim, and how is it different from a counterclaim?
A cross-claim is a claim by one party against a co-party — for example, one codefendant suing another codefendant in the same case — rather than a claim against the opposing side.
Can I raise a counterclaim on a debt or claim that was not due yet when I filed my answer?
A claim that matured or was acquired after you served your pleading can be added later, with the court’s permission, by supplemental pleading. A claim that is not yet due can also be asserted against an insolvent opposing party in some circumstances.
Does the statute of limitations block a counterclaim?
Not always. Rule 13(J) preserves certain otherwise time-barred counterclaims to the extent they would offset or defeat the opposing party’s claim, or relate to payment or security for the same underlying matter.
Can new parties be brought into a case just to resolve a counterclaim or cross-claim?
Yes. Rule 13(H) allows other parties to be joined into a counterclaim or cross-claim following Indiana’s rules for third-party practice and joinder of parties.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 13). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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